Photo: Amanda Andrade-Rhoades/AP Photo
Early on in his second term, President Donald Trump selected Ed Martin to serve as the interim U.S. Attorney for the District of Columbia. But the attorney and conservative activist’s conduct and background has come under further scrutiny after Trump officially nominated Martin to serve in the role moving forward. Martin, a staunch Trump loyalist with no prosecutorial experience, previously represented January 6 rioters and moved to dismiss federal prosecutors who took on riot-related cases in his role as interim attorney. In recent days, it emerged that Martin failed to report hundreds of appearances on far-right media, with CNN reporting that the outlets included Russian-state media.
Though the president is urging Congress to support his nominee ahead of a looming May deadline for his confirmation, at least one prominent Republican senator intends to oppose Martin — potentially imperiling his nomination. Here’s what we know about his chances.
How long do Republicans have to confirm Martin?
Martin officially took on the role on January 20, the date of Trump’s inauguration. By law, Martin’s interim appointment would last for 120 days or until he was officially confirmed to the position by the Senate. That places the deadline for Martin’s confirmation on May 20, leaving Trump and his Republicans less than a month to rally support for him.
What happens if they miss the deadline?
If May 20 comes and goes without Martin’s Senate confirmation, the U.S. District Court of Washington would select a new interim U.S. Attorney to fill the role until someone is confirmed, per the Washington Post. If it becomes clear prior to the deadline that Trump’s nominee lacks enough congressional support to be confirmed, Trump could move to name a new interim appointee and withdraw Martin’s name from consideration.
Notably, Martin’s name was missing from the Judiciary Committee’s agenda for Thursday, potentially signaling that there’s issues with his nomination that are keeping him from a confirmation vote. “I want to put people on the agenda that I can help the president be successful in his nominees and that’s all I can say at this point,” Senate Judiciary Committee chairman Chuck Grassley said, per Axios.
Who still supports Martin?
Senator John Cornyn of Texas, a member of the Judiciary Committee, said he intends to back Martin’s nomination after initially dodging questions on his support. “When he comes up for a vote, I intend to support him,” he said to reporters. “I tend to defer to the president on his choices.”
Martin also has the backing of his hometown senator, Eric Schmitt of Missouri. But the senator and Judiciary Committee member admitted to The Hill that the success of his confirmation appears to be an open question. “I’d like for him to move forward, but we’ll see,” he told the outlet.
Who opposes him?
Martin’s most prominent GOP critic is North Carolina senator and Senate Judiciary Committee member Thom Tillis. He told reporters Tuesday that he won’t be backing Martin due to his position on the January 6 riot at the U.S. Capitol and that he told the White House as much. “We have to be very, very clear that what happened on January 6 was wrong,” Tillis said. “It was not prompted or created by other people to put those people in trouble. They made a stupid decision, and they disgraced the United States by absolutely destroying the Capitol.”
Tillis signaled his opposition to Martin was due, in large part, to the attorney being named to the district that oversees Washington, D.C., and the myriad of cases that stemmed from the riot’s aftermath. “If Mr. Martin were being put forth as a U.S. Attorney for any district except the district where January 6 happened, the protests happened, I’d probably support him,” he said.
With the Republicans holding a 12-10 majority on the Judiciary Committee and the panel’s Democratic members expected to vote against Martin, Tillis’s opposition could prevent Martin’s nomination from advancing to the full Senate, ending his prospects entirely.
After Tillis’s comments, Senate Majority Leader John Thune appeared to acknowledge that Martin’s nomination was likely dead. “I think that would suggest that he’s not probably going to get out of committee,” he said Tuesday, per CBS News.
What has Trump said about it?
On Monday, Trump took to social media to urge senators to support Martin’s nomination ahead of the approaching deadline. “We are going to take our Country BACK, and FAST. Ed Martin will be a big player in doing so and, I hope, that the Republican Senators will make a commitment to his approval, which is now before them. Ed is coming up on the deadline for Voting and, if approved, HE WILL NOT LET YOU DOWN,” he said on TruthSocial.
On Wednesday, Trump praised Martin’s work as interim U.S. Attorney but said he was unaware of Tillis’s opposition. However, the president said senators need to make their own decision on the matter: “But that’s really up to the senators, if they feel that way. They have to vote the way they vote. They have to follow their heart and they have to follow their mind.”
